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Re: The Hsiung-Pilder discussion » Twinleaf

Posted by Bryte on August 21, 2014, at 23:42:45

In reply to Re: The Hsiung-Pilder discussion » pontormo, posted by Twinleaf on August 21, 2014, at 21:59:01

> It has definitely been a very uncomfortable experience.

One wonders to what extent discomfort is symptomatic of harm. One might suspect that, when reports of discomfort accumulate, harm might also be present.

The question with regard to harm might not be limited to whether something "is meant to cause you stress and harm." Intentional harm might incur a different or greater liability, but liability might also attach when an owner neglects duties of care. One can find numerous online sources to explain those concepts.

Much discussion of forum providers' liability addresses vicarious liability and contributory liability - especially as it relates to service provider definitions. In a venue where a mental health forum owner promises "The Best of Both Worlds," asserts that "posts I take responsibility for are my own," claims a right to "use (contributed content) as I wish" and exercises substantial, active control over what content is contributed, one might wonder to what extent questions of direct liability might arise.

It might be an accurate observation that many forum providers have opted for less overt involvement, have quietly removed potentially harmful content and have allowed members to remove or edit their own contributed content in part as means to avoid direct liability and clearly establish the owners' role as mere service providers.

It could be interesting to explore how many forum owners have persuaded liability underwriters the wisdom of making public, permanent examples of members in experimental efforts to explain ambiguous milieu expectations a professional leader cannot or will not explain in a TOS document - especially in contexts where membership predictably includes a significant proportion of at risk members.


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